Almost every state has adopted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). Every case in Florida involving minor children requires the filing of a UCCJEA Affidavit.
What if children issues are not in dispute?
You should file the Affidavit in cases that involve parental responsibility, time-sharing, or visitation with any minor children. Even when no disputes exist regarding the minor children, this Affidavit remains necessary.
Purpose of the UCCJEA:
Florida statutes set forth the requirements in order for a Florida court to make an initial child custody determination. This is part of the UCCJEA.
The law mandates the court to decide its jurisdiction over your child custody case.
A Florida court can issue an initial child custody ruling if Florida is the child’s “home state.” This applies when the action starts and the child lived in Florida within the past six months. At least one parent or guardian must still live in Florida for the state to qualify as the “home state.”
What should you include in the UCCJEA Affidavit?
The Affidavit details all information about any previous cases involving the minor children, as well as the children’s addresses for the last five (5) years.
The UCCJEA Affidavit must include specific questions and information:
- Child’s Details: Information about each child’s name, birth date, place of birth, and sex. Also, list each child’s current address, places they’ve lived in the past five years, and with whom.
- Prior Litigation: Note if the person filing has been part of any other legal actions, in any jurisdiction, involving custody or parental responsibilities of the child in question.
- Ongoing Proceedings: Indicate if any ongoing cases exist in any jurisdiction that involve the child’s custody or parental responsibilities.
- Other Claimants: Mention if someone, not involved in this case but residing in any jurisdiction, has or claims to have physical custody or parental responsibilities for the child.
- Existing Support Orders: State if there are any existing child support orders for the child in any jurisdiction.
Conclusion:
The legal process can get difficult, which is why we always recommend that you seek the assistance of counsel; or at least have a consultation. Schedule a consultation with one of our attorneys today to review the issues of your case, the legal options you may have, and certain rights that pertain to your unique situation.
Have more questions? Let us know by sending an email to: questions@legallotus.legal and we will do our best to develop content to provide you with direction and insight!
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